Tag Archive for: competitive evaluation process

France’s DCNS to build Australia’s Future Submarines

DCNS of France has been selected as our preferred international partner for the design of the 12 Future Submarines, subject to further discussions on commercial matters.

The next generation of submarines for Australia will be constructed at the Adelaide shipyard, securing thousands of jobs and ensuring the project will play a key part in the transition of our economy.

Along with our recent naval shipbuilding announcements, the commitment to an Australian build will create a sustainable Australian naval shipbuilding industry and provide the certainty that industry requires to invest in innovation and technology and grow its workforce.

The Future Submarine project is the largest and most complex defence acquisition Australia has ever undertaken. It will be a vital part of our Defence capability well into the middle of this century.

This $50 billion investment will directly sustain around 1,100 Australian jobs and a further 1,700 Australian jobs through the supply chain.

Today’s announcement follows the comprehensive Competitive Evaluation Process (CEP) involving DCNS, TKMS of Germany and the Government of Japan. Each bidder submitted very high quality proposals and the Australian Government takes this opportunity to thank both TKMS and the Government of Japan for their ongoing commitment to Australia and their participation in the process.

The CEP has provided the Government with the detailed information required to select DCNS as the most suitable international partner to develop a regionally-superior future submarine to meet our unique national security requirements, as detailed in the 2016 Defence White Paper.

This rigorous and independent process was led by Head of the Future Submarine Program, Rear Admiral Greg Sammut AM CSC, and General Manager Submarines, Rear Admiral Stephen Johnson USN (retired), who was previously in charge of the program to replace the Ohio Class ballistic missile submarines.

The process was overseen by an independent Expert Advisory Panel, chaired by former Secretary of the United States Navy, Professor Donald Winter. It was peer reviewed by Vice Admiral Paul Sullivan USN (retired) and Rear Admiral Thomas Eccles USN (retired).

This decision was driven by DCNS’s ability to best meet all of our unique capability requirements. These included superior sensor performance and stealth characteristics, as well as range and endurance similar to the Collins Class submarine. The Government’s considerations also included cost, schedule, program execution, through-life support and Australian industry involvement.

Subject to discussions on commercial matters, the design of the Future Submarine with DCNS will begin this year.

The Turnbull Government is also conducting a strategic review of the workforce, skills and infrastructure needs to deliver this key capability as part of its Naval Shipbuilding Plan, to be released this year. The Plan will bring together the requirements for the Future Submarine program, along with the more than $35 billion Future Frigate program and the more than $3 billion Offshore Patrol Vessel program, as part of the broader continuous naval shipbuilding philosophy to which the Government is committed.

The Turnbull Government will maximise Australian industry involvement in the program and will work closely with DCNS to identify opportunities for local businesses to integrate into the supply chain.

SEA 1000: test before you buy

Is the impending decision on Australia’s submarine competition based on any test and evaluation (T&E) report, or will there be any such reports before a development contract? Just as Government’s looking at the submarine record of Japan, Germany and France, it needs to adjust for its own tendencies, especially in inadequate use of T&E to inform decision-making at such key acquisition milestones.

The Collins-class had serious difficulties in its T&E because the majority of the testing occurred too late in the piece. In 2002, when five of the six boats had been built and operational release still not achieved, the Australian National Audit Office (ANAO) found test plans weren’t updated, resourced or enforced, that test coordination meetings weren’t being held, and that Defence was struggling to verify safety-critical software. A 1999 special report to the Defence Minister stated:

‘To our surprise, deficiencies have occurred in items that should have been relatively straightforward, had testing, even along the lines of that routinely applied to merchant ships, been undertaken.

Prescient to the case for preview activities on SEA 1000 today, the authors also stated:

‘What is required are terms which compel the contractor to demonstrate his capacity to deliver in advance of the execution of the contract itself … a series of tests or trials.’

The ANAO audit in 2001 covered 23 maritime projects as well as Collins, and found the T&E of some, like the Minehunter Coastal ship project, to be exemplary. It recommended Defence take steps similar to the US to better enforce its T&E policy for greater consistency and to avoid release of equipment into service with inadequate testing. Defence rejected this recommendation, claiming it didn’t do the sort of projects requiring such a T&E regime and preferred instead to front-load better planning and resourcing of T&E.

But in the decade following the Collins difficulties, the Australian Senate found in 2012 that there’d been insufficient use of preview T&E on many major acquisitions, mainly under the often false premise of acquisitions being off-the-shelf. The Government agreed to a policy of conducting preview T&E on all acquisition approvals. The resulting Defence capability planning process began use in 2013 and in 2015 was formally released, and endorsed by the ANAO as successfully implemented. The process develops the earliest possible T&E, prior to contract and preferably as part of solicitation, using systematic evaluation of the likely technical and operational risks.

Only last month, the Joint Committee for Parliamentary Accounts and Audit examined yet another multi-billion dollar project that was delayed by 3–4 years when paper-based down-selection proved inadequate. At the hearing Defence officials advised that the lesson on preview T&E had been learnt, the new T&E policy would ensure a repeat was unlikely, and that, interestingly, the current restructure of Defence should only strengthen use of this preview T&E policy.

How the last point would occur wasn’t explained. The two large projects currently undergoing down-selection (SEA 1000 & LAND 400), the outcomes of both possibly to be announced before the election, will seriously test this commitment. Working against the likelihood of the new T&E policy being followed for SEA 1000 is ANAO’s 2015 finding that there are 12 separate test organisations, not one of which is devoted to developmental testing in the maritime domain.

Australian Defence has independent test organisations for development of land and aerospace equipment, but for maritime projects this critical skill and governance is left to individual projects to assemble, with the associated loss of independence and disparity inherent in such a solution.

Given the recently announced investment in maritime capabilities, Defence must address this T&E deficiency. Otherwise, the lack of adherence to test policy observed by the ANAO in maritime projects in 2002, and again in 2011, will continue. Because of this chequered history, I’ve authored a working paper (PDF) on how the Australian and American T&E policies ought to apply to SEA 1000 at this critical decision time. The paper proposes:

  • close alignment of SEA 1000 to US acquisition lifecycles and T&E governance checks;
  • five preview test activities that could be done now for the preferred reference submarine design before the first developmental contract is signed; and,
  • 11 test goals for the developmental T&E period.

Such activities and goals would shift SEA 1000 towards first building the necessary land-based test infrastructure for real submarine componentry, here in Australia or overseas, to validate the design before building a first-of-class submarine. These many facilities take about 7 years to develop and build, but without them we’ll repeat the Collins’ mistakes and certainly won’t achieve continuous spiral development and build. I commend my full working paper to anyone involved in the SEA 1000 decision and beg them to trust testing as the basis of their decisions and design iterations every step of the way.

Captain Obvious on the Future Submarine CEP

When I read material in the mainstream press about the Future Submarine, I can feel my eyeballs twitching a lot these days.

All the contenders (the government of Japan with support from Mitsubishi Heavy Industries, TKMS of Germany and DCNS of France) have provided the same information, albeit in different ways, to the SEA 1000 competitive evaluation program office.

All three are required to have the following build options canvassed in their proposals: completely overseas build, a hybrid build between their respective home shipyards and Australia or a completely Australian build. So when I read reports of spokespeople for the three contenders saying that they’re happy to build all their boats in Australia, that eyeball twitch comes back.

Of course they’re happy. I’d be ecstatic if a government wanted to spend $50 billion with my company too. The Commonwealth is spending billions of taxpayer dollars for them to be happy about whatever and wherever they’re told to build. You want it made in Adelaide, painted teal and made with unobtanium; Yes, Minister.

And they’re all paper boats. Each option will be an evolution of a boat that each of the contenders already builds. Neither the Soryu, the Barracuda nor the Type 214 in their current forms are what the Royal Australian Navy wants or needs, thus the Australianised designs being put forward.

Any submarine engineer worth talking to will explain it’s not as easy as simply doubling the circumference of the hull, taking out one bit and sticking another bit in or replacing lead acid batteries with lithium ion batteries. If submarines were that easy, every sea-faring nation would have them. They aren’t, so they don’t.

Defence Secretary Dennis Richardson has made it abundantly clear in his usual blunt style that he hasn’t met representatives of any of the contenders, as then he would have to meet with them all. I can understand his reticence to become part of a marketing and engagement plan when he will have access to tender quality information from the program office instead.

The information vacuum created by a lack of detailed information from government and Defence is feeding upon itself. There were high hopes that the 2016 Defence White Paper, Defence Industry Policy Statement, and Integrated Investment Plan would fill the void. If anything, they have created more questions than answers. Where’s the national shipbuilding plan? Where’s the detailed website to support the IIP? What defence capabilities do you want to keep sovereign control over in a meaningful way?

The flurry of announcements this week on the surface fleet is very welcome but doesn’t answer the submarine question. Good planning takes time, as does assembling the detailed information needed on which to base decisions, but a lack of decision is almost as bad as no decision.

The Future Submarine program office has been working in some way shape or form since the end of 2008, according to Defence. Yes, governments of both sides kept them conveniently waiting for guidance for many of those years, but groundwork was still being undertaken.

Those in the media and commentariat and even those in Defence industry are chasing rumours, shadows and whatever glimmer of actual information we can get our hands on.

Everyone has opinions about the best submarine solution for Australia and why. But at the end of the day, the program office is the only one with access to the full spectrum of information from all three bidders. Arguments over whether it has the right people to make the right decision are immaterial at this point. They have made a recommendation to government based on their own technical expertise, requirements from the user and value for money as set out in the Financial Management Act.

It will then be a matter for government to consider that recommendation through a financial, strategic and yes, political lens. To not consider the political implication of this program is beyond naïve, whatever recommendation Defence makes. Governments of both sides will have to live with the consequences of this decision for decades to come.

In the meantime, I have no doubt that my eyeballs will continue to twitch as opinions are aired as fact, marketing approaches are refined, and endless gossip is traded. I look forward to an actual decision from someone in a position of power who is willing to show some leadership on the submarine issue at the strategic and economic levels.

A new submarine class is rarely designed from scratch

HMAS WALLER, COLLINS CLASS SSK 73

When commentators argue that the government should determine the designer and builder of the Future Submarine Program (FSP) via a competitive Project Definition Study (PDS), they seem to forget—or don’t know—that the SEA 1114 PDS process (which led to the selection of Kockums to build the Collins class submarines) was less than perfect. At the time of submitting the proposals the design of the HDW and KAB submarines were less than 20% complete, with lump sum prices submitted on scant performance criteria. The government made a political decision on the data submitted and following assurances provided during contract negotiations, including the establishment of a domestic naval submarine industry.

In essence, the Competitive Evaluation Process (CEP) will be no less effective than the PDS tendering processes for the Collins class acquisition program. And the CEP will arguably deliver a better result for the government unless an enhanced PDS delivered a substantially completed design of the submarine or the Commonwealth could conflate the designs of the PDS contenders into its preferred outcome. These, however, are unlikely to materialise.

TKMS of Germany, DCNS of France and Mitsubishi-Kawasaki of Japan are accomplished submarine designers and builders. Each bidder would have made a persuasive case in their CEP response that they are committed to fulfilling the RAN’s unique operational requirements, that they’ll engage local industry extensively and that their submarine design and building concepts are safe and cost effective no matter where the future class will be built—in Europe, Japan or Australia. Thus, based on nuanced preferences the government’s CEP evaluation team can recommend any of the three contenders.

As the owner of the IP the Department of Defence has repaired, replaced, retro-engineered and improved the Collins class submarine systems to a high level of performance and reliability. And with more improvements planned, an augmented Collins class could provide the RAN with better value than any of the three current contenders for Australia’s future submarines.

Notwithstanding the present drafting of the Defence White Paper it is anticipated the National Security Committee of Cabinet (NSC) is likely to decide on the DOD’s recommendation of the preferred submarine designer by mid-2016. That would clear the way for the FSP Office to fully develop the scope of work with the selected international partner over the following three years. During that early design phase the operational and interoperability requirements with the key regional allies (USN and JMSDF) will be finalised, and the projected building and through-life costs will be better understood. And because the first of the new class is unlikely to be commissioned into the Australian Navy before 2030 and the Collins class will be operating well into the 2040s, synergies arising from commonality between the Collins and the new submarine class should also be considered during that period.

Whereas the RAN now rates the Collins class as peerless the three CEP contenders haven’t designed, let alone built, a submarine that approaches the RAN’s future submarine operational requirements. As a first hurdle the contenders for the FSP will have to demonstrate that their submarine design will exceed the performance and cost-competitiveness of the Collins class in its current configuration. Failing that the Commonwealth has the fall-back option of keeping the upgraded Collins boats in service until a solution for the future class is agreed to.

And in the event that the Commonwealth and the submarine design house are unable to conclude the three-year design and definition phase successfully, or the parties decide not to enter into a build contract, an evolved Collins class remains a realistic option for the RAN.

Under the current SEA 1439 Collins Class Submarine Reliability and Sustainability program major platform systems are upgraded. The electronic components and software for the automated Integrated Ship Control Management and Monitoring System (ISCMMS) are being updated to ensure the system continues to operate dependably into the future, and planning is underway to upgrade the communication systems for obsolescence and interoperability reasons. It must also be expected that the power-hungry AN/BYG-1 combat control system will evolve under the US/AUS Advanced Processor Build (APB) program to render it more suitable for diesel-electric submarines. But it will be progress in (quantum) computing and advancements in cyber-physical systems (CPS) that will determine the next-generation multi-disciplinary systems and construction methodology of the FSP.

The acoustic performances of the array suites have been enhanced while the hydrodynamic characteristics of the class can be further improved by reconfiguring the towed array handling system, by installing streamlined flank and distributed arrays on the hull, and by redesigning the cylindrical array situated in the fore section of the submarine casing. While the buoyant wire and the high frequency antenna and periscopes are to be updated under the sustainability program, the casing, fin and masts will also require augmentation to lessen mast wake vortices and vibration, and lower pressure drag and skin friction.

The Collins boats’ propulsion system should be replaced with low signature and fuel-efficient diesel generators and gearless permanent-magnetic synchronous motors in the CEP proposals. While propeller technology based on high damping material are likely to feature in the TKMS and Mitsubishi-Kawasaki designs, DCNS could suggest a propulsor for their new Australian class. Continuing with Swedish design philosophy the X-configured aft-control-surfaces that provide the Collins class with superior manoeuvrability will feature on the future submarines in augmented form.

On the energy front, lead-acid batteries will have been replaced almost entirely within 10 years. And by the time the first of the future RAN submarines is launched, lithium-ion battery technology may have been overtaken by lithium-sulphur (Li-S) Li-air, or Zinc-air battery technology. By providing much greater energy density at a fraction of the cost such an energy source would render submarine AIP technologies (PEM fuel-cell, MESMA, Stirling and closed cycle diesel engine) obsolete.

Those emerging technologies and the comprehensive program of continuous innovation and improvement enable the current class to be a serious and low risk contender for the FSP. As a minimum, the RAN should make one Collins boat available for prototyping systems that are designed to feature in the next generation of Australian submarines.

An additional conclusion that can be reached in light of those considerations is the contractual model for the FSP. Given the rapid rate of technological change and yet to be fully specified operational requirements, a fixed-price lump-sum contract is meaningless in any CEP or PDS offer as it’s unenforceable under a construction program over an anticipated 21 year timeline for 12 boats. Indeed a fixed-price model will in all likelihood lead to massive cost blow-outs through the traditional variations and extensions-of-time processes. Add in disruptive innovation and technological advancements, exchange rate movements and the inevitable changes in the RAN’s capability requirements and you have a recipe for a procurement disaster.

Australia’s next generation submarine: where to now?

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With the Government confirming that it has received three proposals under the future submarine competitive evaluation process (CEP) it’s worth considering where we’re headed. There’s a consensus emerging among analysts and commentators that the CEP might be a useful vehicle for selecting a strategic partner, but it isn’t a process for making a well-informed commercial selection. In fact it’s neither, but the Government nevertheless seems to be rushing ahead.

A big problem is that sooner or later everything has to be reduced to a contract. It’s been a long time since the Department of Defence has had to negotiate anything really large and complex—once the messy Air Warfare Destroyer alliance is removed from the mix—and it could be that memories are fading about why it’s essential to get that part of the procurement process correct. It’s obviously important for the ADF and the Australian taxpayer to have a high level of confidence that what they’ll be getting in exchange for a great deal of money is a product or system that largely approximates to what’s required. But it’s equally important for the supplier to also have the clearest possible understanding of what needs to be delivered.

Even a developmental program such as the F-35 is run as a series of annual contracts that specifically define what will be built in what numbers, what needs to be tested, and what needs to be modified—all for a precise dollar value. On the other hand, the CEP seems to be about a methodology rather than a product, and lacks a budget. At least when we attach ourselves to the US procurement system via the frequent use of FMS purchases, we mightn’t always know what the exact price will be—but we can at least be certain that it will be for the same amount of money that the Pentagon itself is paying (with an administrative overhead).

Unfortunately much of the CEP is secret and we only have some general information about what is being sought, such as data on construction location choices and the knowledge that a lot of work is being undertaken on pre-concept designs. It’s amazing to think that six years after the last White Paper announced Australia would be getting 12 new submarines and hundreds of millions of dollars spent on consultancies, Navy hasn’t even been able to get itself to the starting point of a conceptual design.

If Defence plans to sign a production contract three years after selecting a preferred designer, they leave themselves open to enormous risks. Put simply, without commercial leverage the Commonwealth will either have to pay whatever the designer wants—or start the entire process again. The Department argues that the CEP allows them to understand how the bidders formulate their prices—but this doesn’t guarantee price control at the end of the day. Far from it.

There don’t seem to be any safeguards that can be built into a source selection decision at this early stage that will prevent future price hikes occurring. The only way to protect against those sorts of possibilities is to have at least two bidders to choose from and maintain competitive pressure for as long as possible.

The Commonwealth also seems to believe that having a close relationship with the three parent navies and their Governments will mean that it isn’t ultimately ripped off. There are credible reports that the Government of Japan is already leaning on Mitsubishi not to add in too much profit. But Japanese companies are just as determined as their counterparts in Europe and the US to make money and pay shareholders. Presumably the management and board of Mitsubishi will be asking why they should build submarines for Australia any less profitably than they build them for the Government of Japan.

Australia developed a good relationship with Sweden on the back of the Collins program and for a while the two countries seemed quite close with the exchange of operational information and technical knowledge. Then Australia blew it. It all started to unravel in 1996 when a RAN officer leaked highly classified noise trials data to the Daily Telegraph specifically designed to damage the Collins program—which senior Swedish naval staff and politicians took to be a deliberate smear.

That was soon followed by other unfortunate developments such as RAN sending submarine propellers to the US for testing without even telling the Swedes what was happening. The final insult was kicking the submarine designer Kockums/Celsius out as an ASC shareholder in the year 2000. And some of our brightest bureaucrats were subsequently offended when Stockholm didn’t fall all over itself in the rush to give Australia extraordinarily sensitive Swedish submarine IP.

If you get the contract right, the strategic relationship will follow because Australia will automatically have the opportunity to link up with the parent navy of whatever country is chosen and will also be developing substantial industry linkages into the bargain. The problem with the CEP is that it’s designed to make a choice of supplier now, thus eliminating competitive pressure even before a design has been developed, let alone finalised.

At least with Malcolm Turnbull at the helm there’s some hope that a sane, rational decision will be taken. What should happen is that the CEP offers now be used as the basis of a submission to Cabinet for First Pass Approval to acquire new submarines. Once that box has been ticked the Department should issue a Request For Tender document to two or three bidders—and make them compete for a contract.

The only way that the current methodology makes any sense is that if Defence plans to end the competitive selection process for naval projects and enters into a series of long-term sole source contracts, as takes place in a number of countries including Britain, Sweden, Spain, Germany, Japan and the US.

This would constitute a radical overhaul of the entire procurement system and is dependent on an extremely strong local industry base that Australia unfortunately doesn’t have. In all of these cases, governments are contracting with their own industry—Britain with BAE Systems, Sweden with Saab, the US with Electric Boat and so on. This means that both parties—government and local industry—have a mutual interest in negotiating reasonable contracts because they’re interdependent.

The same logic won’t apply if Australia sought to enter into such an arrangement with an overseas company, which could simply pull out of Australia if conditions weren’t sufficiently favorable. But if the Government is going in this direction they should make it really commercially attractive and add SEA 5000 plus SEA 1180 to the mix. Both the French and German bidders make excellent surface ships; the Japanese only slightly less so. Just think of the package deal that could be done if Defence competed not only the future submarine but most of the surface fleet as well.

The Competitive Evaluation Process—the new black!

HMAS Rankin returns to Fleet Base West after conducting a Full Cycle Docking activity in Adelaide, South Australia.

From an inauspicious and somewhat controversial start, the CEP has leapt into pride of place as the ‘process of choice’ for the Government when considering large maritime defence projects. Not only has it been used for the Future Submarine project (SEA 1000), but the Prime Minister has stated that it’ll be used for the Future Frigates (SEA 5000), and for the Offshore Patrol Vessels (OPVs) project (SEA 1180); collectively in the order of $90 billion.

This post looks at CEP in terms of 4Ps—process, politics and potential problems.

The process seems to be quite straightforward. Defence sets some broad issues to be responded to, selects a small number of potential suppliers, provides them with a few million dollars each to develop their responses, receives the responses and makes a recommendation to Government. The recommendation is for the selection of a long-term strategic partner with whom to develop the detailed design and ultimately have the ships/submarines constructed.

The SEA 1000 CEP appears to be thorough, even-handed and, as far as possible, transparent. The only issue is the decision that removed Sweden from the competition before it begun. It could be expected that the process for SEA 5000 will be similarly thorough, even-handed and, as far as possible, transparent. One issue for SEA 5000 will again be the potential limitation of the prospective international partners. The stated use of a CEP for the OPV project becomes more problematic as Australian shipyards other than Adelaide are potential builders, and there are many more potential designs. The way in which a CEP would be undertaken for this project is therefore unclear.

The politics are interesting—and somewhat opaque. First, the utilisation of a CEP for SEA 5000 and SEA 1180 means that the Government can argue that the CEP used for SEA 1000 wasn’t a ‘thought-bubble’, but a valid option within the normal way of doing business. The Prime Minister and the Defence Minister will also repeatedly say that the utilisation of a CEP for both submarines and ships is a necessity following the inactivity of the previous Government in this important area of national security, and is the only means to get the project acquisition schedules back on track. The Future Submarines experience has shown that the Government won’t shy away from limiting the number of runners at the starting gate.

The information provided from the CEP process will be of lesser fidelity than that of a typical tender process; arguably as the detailed design hasn’t been finalised. While Defence will no doubt do a good job of the evaluation process, the results will therefore be more amenable to interpretation. Simply put, the selection of the contestants and the lack of detail in the information provided means that it will be easier for the Government to make a decision other than the one that might be recommended by Defence.

The CEP for both frigates and submarines will circumvent the normal tendering processes and hence speed up the process to the point where a decision can be made. Not an acquisition decision based on the finer points of a complete tender process, but a politically-influenced decision on a long-term strategic maritime defence partner based on broad indications of cost, schedule, industrial issues, intellectual property, and capability. The decision on the selection of the international design partner for SEA 1000 is likely in the second quarter 2016. If the CEP for SEA 5000 commences in October as stated, then a decision for that project might be possible around the middle of 2016. That will clear the national security decks for the Abbott Government, and allow it to go to an election claiming that they’ve fixed the shipbuilding problem created by Labor, overcome years of inactivity on key defence issues, supported Australian manufacturing, saved jobs, etc.

Perhaps most importantly from the Government’s perspective, it provides a platform that might save some seats in South Australia.

The potential problems (read: risks) are associated with project cost, project schedule and whether the outcome (and the partner) will continue to provide the right capability into the future. As suggested by Mark Thomson in a previous post, we’ll only know what we’re really going to get, and the overall project cost, once the partner has been in place for some time—and there’ll be no turning back. There’s also a major problem in that political announcements seem to be driving the national security agenda, rather than real aspects of the nation’s security.

The decisions on SEA 1000, SEA 5000 and SEA 1180 will fundamentally alter the maritime capability landscape in Australia for the foreseeable future. The selection of the partner for each of these projects is critically important—and shouldn’t be made on a political whim.

Beauty is in the eye of the beholder

There’s a degree of cynicism surrounding the government’s Competitive Evaluation Process (CEP) for the future submarine project. That’s to be expected; the process was forced upon the government in the turmoil of an internal leadership contest after all. Be that as it may, it would be a mistake to dismiss the CEP as a smokescreen for a preconceived outcome. Even if the government wished otherwise, the process took on a life of its own from the moment it began and since then the politics of the issue have shifted against a foreign build.

The CEP will evaluate offers from DCNS (a largely government-owned French company), TKMS (a privately-owned Germany company) and the government of Japan. The goal is a submarine similar in range and endurance to the Collins but with superior sensor and stealth performance. Preference will be given to the US combat system and weapons presently on the Collins. To the surprise of many observers, the government excluded the Swedish firm SAAB which owns Kockums, the designer of the Collins class.

The CEP isn’t a conventional tender process. Rather than seeking costed bids from potential suppliers, the contenders have been asked to provide a range of information, including pre-concept designs and positions on commercial issues such as intellectual property release. Critically, potential suppliers have been asked to provide options for ‘design and build overseas, in Australia, and/or a hybrid approach’. In doing so, the door is left open for the government to build the vessels here or overseas. Despite early expectations that Japan wouldn’t support a local build, it now seems that all three contenders are prepared to do so.

In terms of costs, the CEP is asking contenders to provide a ‘rough order of magnitude (ROM)’. Strictly speaking, that means only within a factor of ten. Be that as it may, it doesn’t really matter, as the CEP won’t lead to a construction contract but only to a design phase which, in turn, will lead to a contract. Whether the contract is fixed-price or otherwise remains to be seen. The German’s have indicated that they are willing to work to a fixed price contract, and have even suggested a figure of $20 billion for twelve boats. In effect, the CEP is being used to choose a partner for Defence to work with to refine the design, cost and schedule of the project. We’ll only know what we’re getting and how much it’ll cost once this detailed work is complete.

Probably the best analogy to the CEP is a beauty contest, or perhaps a bragging contest. It’s certainly not without precedent. The AWD project used the same approach to select the shipbuilder (ASC), systems integrator (Raytheon) and preferred designer (Gibbs and Cox). Following these selections, Defence worked with the firms to develop two design options before going to the government for a final decision. Herein lays the risk of choosing partners via beauty contest; commitment occurs before the price is known, which puts the Commonwealth in a disastrous negotiating position.

At the time the firms were selected, the estimated cost of the project was in the range $4.5 billion to $6 billion. By the time the final design was chosen and government approval was gained, the estimated cost of the winning (cheaper) design was $8 billion. While in principle the government could’ve rejected the unexpectedly high price and pursued another option—for example by purchasing ships from overseas—it was too late. The political momentum for a local build was too high, and the 2007 federal election too soon, for the government to do anything other than pass the massive price increase onto the taxpayer. There’s nothing to stop the same situation arising with the future submarine project.

From the bidder’s perspective, a beauty contest is a more like a fishing contest where the goal is to get the Commonwealth on the hook. Once the bait’s taken, the successful bidder has a decisive advantage when it comes to negotiating the price a couple of years later. Its competitors have packed up and gone home, and the government’s left with a monopoly supplier and no credible basis for negotiation.

There’s another way, and it’s fully consistent with the steps presently underway. Rather than select a single firm following the CEP, instead choose the best two firms and proceed in parallel with two funded design studies, leading to fixed price tenders from the firms. That approach will cost more in the short term (you have to pay two firms to undertake design work), but it needn’t take any longer than what’s currently planned and is consistent with previous recommendations to spend more before the approval stage. The advantage is that the two competing firms have strong incentives to plan efficient production strategies and constrain profits.

In contrast, under the present plan, the winner of the CEP has every reason to expand the scale and scope of activity upon which their profits will be based. Open-book accounting and a fixed profit margin doesn’t help—it merely makes transparent the incentive for the firm to build additional costs into the program.

Although the CEP was not the government’s original intention, they’ve crafted a credible next step for the submarine program from the confusion of the February leadership contest. Already, we’ve seen Japan step forward to offer a local build option, and both France and Germany are now firmly in the race. These are all encouraging developments. More importantly, the CEP has the potential to transition into a viable strategy to achieve value-for-money for the taxpayer. Whether that’s what happens depends on what the government does next.